BIGGS v. STATE

No. 75-407.

329 So.2d 415 (1976)

Herman BIGGS, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

April 2, 1976.


Attorney(s) appearing for the Case

Richard L. Jorandby, Public Defender, and Maxine V.E. Reynolds, Sp. Asst. Public Defender, West Palm Beach, for appellant.

Robert L. Shevin, Atty. Gen., Tallahassee, and Paul H. Zacks, Asst. Atty. Gen., West Palm Beach, for appellee.


PER CURIAM.

Appellant was charged with possession of burglary tools proscribed by Fla. Stat. § 810.06 (1973). Upon review of the briefs and record we conclude that the evidence was insufficient to support a finding that the common tools found in the possession of appellant were then possessed "with intent to use or employ ... the same [in a burglary]." The judgment is reversed and the court directed to discharge appellant.

REVERSED and REMANDED.

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